Eberz v. Heisler

Citations

• 12 Pa. Super. 388
• 1900 Pa. Super. LEXIS 251

Syllabus

<p>Vendor and vendee — Rescission of contract — Tender when necessary.</p> <p>When the vendor is in default through failure to convey, a tender by the vendee, in rescinding the contract, is unnecessary. It is only when there is nothing further to be done by the party to whom the money is payable that an actual tender is necessary; when the duty of mutual performance still remains, a readiness to pay on performance by the other party is sufficient.</p> <p>Breach of contract to convey — Measure of damages.</p> <p>On default by the vendor, without fraud, the vendee may recover for expenses necessarily or properly incurred on the faith of the contract, with the consideration paid. When the default involves fraud the measure of damages becomes enlarged; when no part of the consideration has been paid, and no expenses incurred, it is nominal.</p>